Water Utility Programs Transferred to the PUC

On Sept. 1, 2014, the TCEQ transferred responsibility for these programs to the Public Utility Commission of Texas: the sale, transfer and merger program; the water utility rate program; and the certificate of convenience and necessity program. This transfer was required by the PUC’s Sunset legislation (HB 1600) adopted in 2013.

NOTE: The PUC will handle applications for the programs they will be regulating, but applicants must still comply with all associated TCEQ rules and requirements.

Who may be affected by the transfer?

investor-owned utilities

water supply corporations

city and county-owned utilities

wastewater utilities

owners who bill tenants for submetered or allocated water and sewer utility services

utility customers or anyone interested in the policies, rates and operations of a public or private water utility in Texas

What applications are affected?

Applications affected by the transfer include:

rate/tariff changes

CCN-related applications

sale, transfer, and merger applications

Where do I pay my regulatory assessment fee?

Continue to pay your regulatory assessment fee to the TCEQ even after the program transfers. The revenues from these fees will support the remaining water programs at the TCEQ and the utilities programs transferred to the PUC.

What if my application hasn't been decided yet?

Any application at the TCEQ that did not receive a final descision by Sept. 1, 2014 was transferred to the PUC on that date. For example, if on Aug. 31, 2014:

an application was under technical review by the TCEQ, the technical review will continue at the PUC

an application was at the State Office of Administrative Hearings, the SOAH-related activities associated with that application, such as the preliminary hearing and the hearing on the merits, will become the responsibility of the PUC

the TCEQ had referred an application to SOAH and a proposal for decision had not been considered, it will be handled by the PUC.